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UNITED STATES v. SPENCE

No. 82-8776 Non-Argument Calendar.

719 F.2d 358 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Barry Gene SPENCE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 7, 1983.

Attorney(s) appearing for the Case

Jack Friday, Jr., Savannah, Ga., for defendant-appellant.

Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, Chief Appellate Sec., Alan Hechtkopf, Tax Div., Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before HATCHETT, ANDERSON and CLARK, Circuit Judges.

PER CURIAM:

In this appeal from the Southern District of Georgia, petitioner Spence seeks reversal of the court's denial of his motion to dismiss for prosecutorial vindictiveness. At issue is whether this denial was error. Spence was convicted in December 1982 on two counts of attempting to evade income taxes for 1976 and 1977 and on one count of submitting a false financial statement to the Small Business Administration. He received two consecutive five-year terms...

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